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estate, &c. Habendum. [Add a covenant from the Habendurn. trustees that they have not incumbered.]' In wit.

ness, &c.

CONVEYANCE FROM A TENANT FOR LIFE AND

REMAINDER-MAN.

This indenture, made between A. B., of, &c., (the tenant for life,) and C. D., of, &c., eldest son and heir-apparent of the said A. B., of the one part; and (purchaser,) of, &c., of the other part. [Recite the Recitals. instrument creating the estates, and the contract by the purchaser with the tenant for life and remainderman for the purchase of the fee-simple.] Now, this Testatum. indenture witnesseth, that, in pursuance, &c., and in consideration of, &c., to (tenant for life,) (“ part of the said purchase-money or sum of L. ;" by,

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• The covenant from the trustees that they have done no Where the act to incumber is all that can be expected from them ; but parties enif the persons entitled to the purchase-money join in the con

titled to the

purchaseveyance, (which is mostly the case where the clause that the

money are trustees' receipts shall be discharges has been omitted in the made parties. instrument creating the trusts,) they will be expected to covenant for the title. If they are made parties, the release will be made between the trustees of the first part, the persons entitled to receive the purchase-money of the second part, and the purchaser of the third part. After reciting the will or instrument, with the power of sale, &c., and particularly showing the nature of the interests of such persons so entitled under the trusts of the same; and that the said trustees, at the request and by the direction of the said per. sons of the second part, signified by their being parties, have contracted for the sale, &c.; the trustees will then, in the operative part of the deed, at the request and by the direction of the parties of the second part, testified, &c., bargain, sell, and release; and the said parties of the second part will grant, bargain, sell, release, and confirm unto, &c.; and after the covenant by the trustees that they have not incumbered, the parties of the second part will enter into the usual covenants for the title,

&c., and in consideration of, &c., of like money, to the said (remainder-man,) in like manner paid by the said (purchaser,) the receipt of which said two several sums of, &c., making together the sum of, &c., they, the said A. B. and C. D., do hereby respectively acknowledge, and do admit, &c., to be in full

, &c., they, the said A. B. and C. D., have, and each of them hath, &c., and, by these presents, do, and each of them doth, grant, bargain, sell, release, and confirm unto the said (purchaser,) (in his actual possession, &c.,) and to his heirs and assigns, all, &c. and the reversion, &c., and all the estate, &c. Habendum, add the usual covenants for title by the tenant for life and remainder-man, (see ante, p. 84.)

In witness, &c.

Habendum.
Covenants.

RELEASE FROM A REMAINDER-MAN TO THE TENANT

FOR LIFE.

Testatum.

This indenture, made, &c., between A. B., of, &c., (the remainder-man,) of the one part ; and C. D., of, &c., (the tenant for life,) of the other part. [Recite the deed or will creating the estates, and recite the contract for the sale of the remainder in fee-simple of the said remainder-man in the said hereditaments immediately expectant on the estate for life of the said releasee in and to the said messuage, 8c.] Now, this indenture witnesseth, that, in pursuance, &c., and in consideration of L.

by, &c., to, &c., the receipt, &c., he, the said (remainder-man,) hath bargained, sold, released, and confirmed, and, &c., unto the said (tenant for life, his heirs and assigns,' all

, Habendum. &c., and all the estate, and all deeds, &c. To have

and to hold the said, &c. unto the said (tenant for life, his heirs and assigns. [Add covenants from the said A.B., that notwithstanding, 8c., he is "seised

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Covenants.

* The releasee being already in possession, a lease for a year is not required

of the inheritance in fee-simple in remainder expectant as aforesaid,” and hath good right to release the same unto the said C. D., his heirs, &c., in manner foresaid ; free from incumbrances; and for further assurance.]

In witness, &c.

CONVEYANCE FROM A VENDOR AND HIS WIFE

ENTITLED TO DOWER.

This indenture, made, &c., between (vendor,) of, &c., and Mary his wife, of the one part ;a and (purchaser,) of, &c., of the other part. [Recite the sei. Recitals. sin of the vendor; and recite the contract for sale ; and recite that the said Mary, the wife of the said (vendor,) in order to enable the said (vendor) to perform his said contract, hath consented to release her title to dower out of the said hereditaments, and for that purpose to concur with him in the conveyance hereinafter contained.”] Now, this indenture Testatum. witnesseth, that, in pursuance of the said contract and agreement, and for carrying the same into effect, and in consideration of L. , paid by (purchaser) to (vendor,) the receipt, &c., he, the said (vendor,) hath granted, bargained, sold, and released, and by these presents doth, &c., and the said Mary, the wife of the said (vendor,) hath remised, released, and quilted claim, and by these presents doth, &c., unto the said (purchaser,) [in his actual possession, &c.,] and his heirs and assigns, all, &c., and the reversion,

. If the marriage has been contracted since the first of January 1834, the husband can convey his estate, or devise the same by his will, discharged of dower. (See 3 and 4 W. IV. c. 105, ss. 4 and 5; see p. 150.)

It is not necessary to refer to the act for enabling the wife to release, but if it should be thought advisable, it may be done as in note to p. 354 ; but it is requisite in all cases to show by a recital whether the estate be the inheritance of the husband or wife, or whether she is only entitled to dower..

Habendum.

&c., and all the estate, &c. Habendum, “ And the Covenant by said (vendor,) for himself, his heirs, executors, and his wife shall administrators, doth hereby covenant with the said duly acknow- (purchaser,) his heirs and assigns, that these presents ,

shall forthwith, at the costs of the said (vendor,) be duly acknowledged by the said Mary his wife, (she hereby consenting,) and otherwise perfected, with the solemnities prescribed for rendering the deeds of married women effectual to extinguish their interests in real estates.” And also, that notwithstanding any act, &c., they, the “ said (vendor,) and Mary his wife, now have in themselves, or the said (vendor) now hath in himself,” good right to convey ; and that (purchaser) shall peaceably enjoy; free from incumbrances; and for further assurance.

In witness, &c.

Covenants.

CONVEYANCE INCLUDING A MORTGAGE TO SECURE

PART OF THE CONSIDERATION.

This indenture, made, &c., between the vendor) of the first part, (the mortgagee) of the second part, and the purchaser) of the third part. [Recite the title of the vendor, and the contract for the purchase.]

And whereas the said (purchaser,) being unable out of his own moneys to pay the whole of the

When the money remains in the hands of the vendor.

b This covenant is unnecessary when it is intended that the deed shall be acknowledged at the time of its execution.

• If part of the consideration is intended to remain in the hands of the vendor, and be secured to him on the premises, say, “and whereas the said (purchaser) hath contracted with the said (vendor) for the purchase of, &c., for, &c.,

but not being prepared with the whole of the said purchasemoney, the said purchaser hath requested and prevailed upon the said (vendor) to let the sum of, &c., part of the said pur. chase-money, remain, secured with interest, upon the same hereditaments and premises, in manner hereinafter mentioned.” Or say,

" and to take such demise, by way of mortgage, of the same premises, as hereinafter is contained.”

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said purchase-money, hath applied to the said
(mortgagee) to lend him the sum of L.
to enable him to complete his said recited con-
tract, which the said (mortgagee) hath consented
to do on having the repayment thereof, together with
interest for the same, secured to him in manner
hereinafter mentioned. Now, this indenture wit-
nesseth, that, in consideration of, &c., part of the
said purchase-money to the said (vendor,) paid by
the said (mortgagee,) at the request and by the
direction of the said (purchaser,) testified by his
being a party to and executing these presents, the
receipt and payment of which said sum the said
(vendor) and also the said (purchaser) do, and each
of them doth, hereby acknowledge, and of and from
the same sum and every part thereof do, and each of
them doth acquit, release, and discharge the said
(mortgagee) for ever by these presents; and also
in consideration of, &c., the remainder of the
said purchase-money, to the said (vendor) paid
by the said (purchaser,) making together the sum
of, &c., the receipt whereof the said (vendor) doth
hereby acknowledge, and doth declare the same
to be in full, &c., for the absolute purchase of, &c.;

d

remains.

If part of the purchase-money is to remain in the hands The testatum of the vendor on security of the premises, “ Now, this inden- when money ture witnesseth, that, in pursuance of the said agreement, and in consideration of the sum of L.

(part of the said purchase-money) by the said (purchaser) to the said (vendor,) the receipt, &c.; and also in consideration of L. (residue of the said purchase-money) secured to be paid to the said (vendor,) with interest for the same, at the time and in manner hereinafter mentioned, he, the said (vendor,) hath, &c., unto the said (purchaser,) (in bis actual possession, &c.,) and to his heirs and assigns, all, &c., to have and to hold, &c., unto (the purchaser,) his heirs and assigns, to the use of (the vendor,) his executors, administrators, and assigns, for the term of, &c., subject to the proviso herein. after contained; and from and after the end, expiration, or other sooner determination of the said term, and in the meantime subject thereto, and to the payment of the said principal sum and interest, intended to be hereby secured to the use

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